Case Summary
Canara Bank filed a suit against Vishnu T. Nair for recovery of a loan amount. The defendant failed to repay the loan despite repeated requests from the bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹8,24,324.29/- plus interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of Canara Bank, allowing them to recover the owed amount along with interests. The defendant was found liable for the loan.
Why Plaintiff Won:
The plaintiff produced sufficient evidence to establish the debt and the defendant's liability.
The plaintiff produced sufficient evidence to establish the debt and the defendant's liability.
Losing Side's Weaknesses:
The plaintiff produced sufficient evidence to establish the debt and the defendant's liability.
The plaintiff produced sufficient evidence to establish the debt and the defendant's liability.
Supporting Evidence
The documents are sufficient to show the liability of the defendant towards plaintiff bank and the commitment to repay the loan amount. Defendant could not rebut the evidence produced by the plaintiff bank.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1 The plaintiff is entitled to realize ₹8,24,324.29/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Party Role
- Defendant
- Party Name
- Vishnu T. Nair
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Loan Application dated 10.01.2014, Sanction memorandum dated 14.03.2014, Deed of Hypothecation Re: Machinery dated 14.03.2014, Letter of undertaking, Letter of proprietorship, Acknowledgment of debt dated 10.03.2017, Acknowledgment of debt dated 12.02.2020, Certified copy of statement of account for the period 01/01/2014 to 20/01/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joy K. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.A. Muhammed Shameer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize ₹8,24,324.29 along with interest from the defendant.
Evidence:
the plaintiff is entitled for a decree for recovery of money.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
This document is the loan application submitted by the defendant to the plaintiff bank.
Reference:
Ext.A1
Document Type:
Sanction Memorandum
Submitted By:
Plaintiff
Relevance:
This document details the terms and conditions under which the loan was sanctioned.
Reference:
Ext.A2
Document Type:
Deed of Hypothecation re: machinery
Submitted By:
Plaintiff
Relevance:
This document shows the hypothecation of assets as security for the loan.
Reference:
Ext.A3
Document Type:
Letter of undertaking
Submitted By:
Plaintiff
Relevance:
This document serves as an agreement regarding the loan obligations.
Reference:
Ext.A4
Document Type:
Letter of Proprietorship
Submitted By:
Plaintiff
Relevance:
This document confirms the proprietary nature of the defendant's business.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
These documents serve as confirmation of the debts acknowledged by the defendant.
Reference:
Exts.A6 and A7
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the transactions and outstanding amount on the defendant's account.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Recovery of money
Case Code
O.S.
Case Code Year
2023